www.elpasobar.com
JEANNE C. “CEZY”
COLLINS,
September 2009
Bar
Awards
2009
Pages 7 and 8
MARIA AND ED HERNÁNDEZ
Introducing Carlos Eduardo Cárdenas
112th President of the El Paso Bar Association/ P. 5
Senior Lawyer Interview: H. юѡіȱюћѡіђѠѡђяюћǯȱȱȦȱP. 16
Civil Rights Project / P. 9
Upcoming Events / P.5
HECTOR BELTRAN
MARK OSBORN
ђѝѡђњяђџȱŘŖŖş
W. Reed Leverton, P.C.
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300 EAST MAIN, SUITE 1240
EL PASO, TEXAS 79901
(915) 533-2377 - FAX: 533-2376
on-line calendar at: www.reedleverton.com
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Commitment to A.D.R. Processes: Full-Time Mediator / Arbitrator
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Bill Hardie
ђѝѡђњяђџȱŘŖŖş
3
THE PRESIDENT’S PAGE
State Bar of Texas
Award of Merit
1996 – 1997 – 1998 – 1999
2000 – 2001 – 2006
Star of Achievement 2000 - 2008
State Bar of Texas
Best Overall Newsletter – 2003, 2007
Publication Achievement Award
2003 – 2005 – 2006 – 2007 – 2008
NABE – LexisNexis Community
& Educational Outreach Award 2007
Carlos Eduardo Cárdenas, President
Chantel Crews, President-Elect
Bruce Koehler, Vice- President
-XGJH0DULD6DODV0HQGR]DTreasurer
Randolph Grambling, Secretary
Cori Harbour, Immediatel Past
President
2009-2010 BOARD MEMBERS
Judge Regina Arditti
Miguel “Mike” Torres
Gerald Howard
Anna Perez
Jaime Sanchez
Francisco “Paco” Dominguez
Cheryl Lay-Davis
Judge Tom Spieczny
Diana Valdez
Donald Williams
Teresa Beltran
Judge Linda Chew
Mark Dore
Myer Lipson
EX-OFFICIOS
SBOT Director, District 17
EPYLA, MABA, EPWBA
ABOTA, FBA, ,EPPA
EL PASO BAR FOUNDATION
EXECUTIVE DIRECTOR
Nancy Gallego
EDITORIAL STAFF
Clinton Cross, Editor
Stephanie Townsend Allala
Judge Oscar Gabaldon
Donna Snyder
“The El Paso Bar Journal is a bi-monthly publication of
the El Paso Bar Association. Articles, notices, suggestions
and/or comments should be sent to the attention of Nancy
Gallego. All submissions must be received by the Bar
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ads, and feature articles should not be considered an
endorsement of any service, product, program, seminar
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Bar Association does not endorse candidates for
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and should never be construed to be, an endorsement
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“Give me your tired, your hungry, your poor,
Your huddled masses yearning to breathe free…..
Send these, the homeless, tempest-tossed to me,
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in Texas, I am honored and ready to serve as President of the El Paso Bar
Association. In reviewing the list of legal giants from our community that
preceded me in this position, I am humbled yet eager to continue in their
dedication and loyalty to this organization and its mission.
In my interview with Journal Editor, Clinton Cross, I mention as one of my aspirations
for our Bar, the challenge of Access to Justice (ATJ) and the delivery of legal services to
the poor. As seen on the cover of this edition, I began focusing on ATJ when I was asked
to attend a meeting of the Texas Supreme Court’s Task Force on ATJ in February of this
year. The funding for legal services to the under-served was in crisis due to the drop of
revenues from attorney IOLTA accounts. When I reported this fact to our Board in March,
we acted quickly and passed a resolution which was instrumental in the appropriation of
$20 million for legal services to the poor by the Texas Legislature. I remain grateful to
our Immediate Past President, Cori Harbour, for her support in this endeavor.
Unfortunately, this funding only helps to preserve the status quo and by no means
allows for the expansion of legal services. Even with this funding the cold facts remain:
there are 5.1 million Texans who qualify for legal aid, currently Texas ranks 43rd in the
nation in per capita funding for civil legal aid, there is one legal aid lawyer for every
11,512 Texans who qualify for legal aid, and legal aid turns away ½ of all low-income
Texans due to lack of resources. In El Paso the numbers are harsher: 28.4% of our
population lives below the poverty level (compared to 16.3% statewide) and if El Paso
and the rest of the Texas counties on the US/Mexico border were this nation’s 51st
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unemployment.
The El Paso Bar is blessed with many talented and good people and it must
remain our duty to look after those who need the services we provide. As lawyers
we have taken an oath to uphold the Constitution, including the equal protection
clause of the XIV Amendment. We possess a special knowledge and skill that
only we can contribute. Section 6 of the Preamble to the 7H[DV'LVFLSOLQDU\
Rules of Professional Conduct states: “The provision
of free legal services to those unable to pay reasonable
fees is a moral obligation of each lawyer as well as the
profession generally”. (Emphasis added)
In many instances access to legal services may be
necessary to preserve basic needs including domestic stability, safety, medical care, employment, and housing.
The number of people who desperately need legal
services in these challenging economic times
has dramatically increased. We must all
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address.
Continued on page 2
ђѝѡђњяђџȱŘŖŖş
4
EL PASO BAR ASSOCIATION
September Bar Lunc h eon
Tuesday, September 8, 2009
El Paso Club z 201 E. Main, 18th Floor,
Chase Bank z$20 per person z12:00 Noon
Elizabeth Rogers, General Counsel of the State Bar
of Texas will discuss the Legislative Update
Approved for ½ hour of MCLE by the State Bar of Texas
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*Elizabeth C. Rogers is the general counsel for the State Bar of Texas, and also Sib Abraham’s niece. She currently
serves as president-elect of the Texas General Counsel Forum and as president-elect of the St. Mary’s School of
Law Alumni Association. Rogers served as the Attorney Ombudsman and Ethics Advisor under Attorneys General
*UHJ$EERWWDQG-RKQ&RUQ\Q3ULRUWRWKDWVKHZRUNHGDVDSDUWQHULQWKH6DQ$QWRQLRDQG+RXVWRQRI¿FHVRI
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Outstanding Young Lawyer of San Antonio in 1992 and has been active in a variety of professional and civic organizations in Austin, Houston, and San Antonio. Rogers earned a B.A. in broadcast journalism with high honors
IURPWKH8QLYHUVLW\RI7H[DVDW(O3DVRDQGD-'ZLWKGLVWLQFWLRQIURP6W0DU\¶V8QLYHUVLW\6FKRRORI/DZ+HU
daughter, Sarah Sanchez, graduated from the College of Communications at the University of Texas in May 2007
and is currently the International Coordinator for the Climate Project in Buenos Aires.
Continued from page 1
In this vein, we applaud those who have
shown their commitment to this effort and who are
recognized in this edition of the Journal. This year
each issue of the Journal will highlight a major
legal service provider in El Paso. This month’s
issue features the good work done by the attorneys
and staff of the Paso del Norte Civil Rights Project.
In future editions of the Journal we will announce
new programs and events dedicated to the cause
of ATJ in order to insure our increased participation in this effort. Additionally, our October 13,
2009, luncheon will feature a CLE presentation
by Texas Supreme Court Justice Harriet O’Neill.
Justice O’Neill is the Supreme Court’s liaison to
the Texas Access to Justice Commission and she
devotes endless hours to further its cause.
I ask each of you to join me and the members
of the El Paso Bar Association Board of Directors
in supporting the State Bar’s resolution adopted on
September 22, 2000: “BE IT RESOLVED, that
each Texas attorney should aspire to render at least
50 hours of legal services to the poor each year,
RUPDNHDQHTXLYDOHQW¿QDQFLDOFRQWULEXWLRQWRDQ
organization that provides direct legal services to
the poor.” For those of you who pledge to meet this
aspirational goal in the next twelve months, please
submit your pledge to our Executive Director,
Nancy Gallego, at [email protected]. Once
the list of pledges is compiled it is our intention to
recognize you in future editions of the Journal.
In furtherance of my service to each of you,
please feel free to call me on my cell phone,
915.433.3369, or e-mail at cardenas@sibabraha-
ђѝѡђњяђџȱŘŖŖş
mlaw.com to discuss any comments you may have.
In order for our Bar to be relevant to you and your
practice we need your membership and your voice
in matters of interest.
I close with a quote published by the late
Judge Enrique Peña in a recent edition of the
TAMS newsletter that relates to this year’s ATJ
theme: “You cannot live a perfect day without
doing something for someone who will never be
able to repay you.”
Take care of yourselves, your families, and
let’s take care of each other,
Carlos Eduardo Cárdenas
President
5
Introducing Carlos Eduardo Cárdenas
112th President of the El Paso Bar Association
INTERVIEW BY CLINTON F. CROSS
Carlos Eduardo Cárdenas
CROSS: I want to know where you came
from—your roots. What can you tell me?
CÁRDENAS: My father, Tomás Cárdenas,
86, was born in Cd. Juarez, Chihuahua, Mexico
PDNLQJPHD¿UVWJHQHUDWLRQ$PHULFDQ+H
became a United States Citizen at the age of
65. As a result, I hold dual citizenship. He
worked as an Assistant Manager at Central
Finance Company across the street from the
Federal Courthouse on Myrtle, for forty-one
years. My father did not receive a college
degree.
My mother, Rebeca Cárdenas Navarro, was
born in El Paso. My mother passed away on
March 3, 2008. She lived in El Paso all of
her life and received an elementary school
education. She was a housewife most of her
married life, but did work at the County Tax
2I¿FHDQGWKH7H[DV'HSDUWPHQWRI+XPDQ
Services (where she worked with Judge Oscar
Gabaldon), after her three sons completed
their grade school educations.
I have two older brothers, Tom and Joe
Cárdenas. They are both practicing civil
engineers in El Paso.
I am the proud father of Mary Elizabeth
“Lizzie” Cárdenas. She is six years old and
lives in Austin, with her mother, Mary Hart
Humble. They are the primary reason I
PDLQWDLQDQ$XVWLQODZRI¿FHWKDWLVGHGLFDWHG
principally, to the practice of Administrative
/DZ,ZDV%RDUG&HUWL¿HGLQ$GPLQLVWUDWLYH
Law from 1989 to 1999….when I moved
back to El Paso, I was unable to maintain the
requirement that 1/3 of one’s practice had to
be in the area of specialization). Having Lizzie
is my proudest and greatest achievement. I
consider myself very blessed to have Mary
Hart and Lizzie in my life.
Continued on page 6
ȱȱ
September 2009
Tuesday, September 1 (3%$%2'0HHWLQJ
0RQGD\6HSWHPEHU
(3%$&RXUWKRXVH&ORVHG±/DERU'D\
Tuesday, September 8 EPBA Monthly Luncheon,
State Bar of Texas General Counsel Elizabeth Rogers
Thursday, September 10
EPYLA General Meeting & Happy Hour
Thursday, September 17
EPPA Monthly Meeting
Thursday, September 17
EPYLA Night at Bart Reed’s Comic Strip
83&20,1*(9(176
OCTOBER, 2009
Thursday, October 8 EPBA Lunch/Learn Seminar
Tuesday, October 13
EPBA Monthly Luncheon Justice Harriet O’Neill
Wednesday, October 21 EPYLA Tailgate Party
Saturday, October 31 EPBA Legal Aid Fair
NOVEMBER, 2009
7XHVGD\1RYHPEHUEPBA Monthly Luncheon
Salute to Veterans with Ft. Bliss Commander
FEBRUARY, 2010
Friday, February 19 & 20 Annual Civil Trial
Seminar, Wynn Las Vegas, Las Vegas, Nevada
PLEASE NOTE: Please check the Journal for all the details regarding all above listed events. If your club, organization, section or committee would like
to put a notice or an announcement in the Bar Journal for your upcoming event or function for the month of October & November, 2009, please have the
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NO EXCEPTIONS. We also reserve the right to make any editorial changes as we deem necessary. Please note that there is no charge for this service:
ID[QDQF\#HOSDVREDUFRPHPDLO,IZHGRQRWUHFHLYH\RXULQIRUPDWLRQE\WKHVSHFL¿HGGDWHSOHDVHQRWHWKDWZHPD\
try to remind you, but putting this journal together every month is a very big task and we may not have the time to remind you. So please don’t miss out on
the opportunity to have your event announced.
ђѝѡђњяђџȱŘŖŖş
6
continued from page 5
CROSS: What was your educational
background?
CÁRDENAS: I attended St. Pius X, for my
elementary education, and Burges High School
(W.H. Burges being a noted El Paso attorney).
I received a B.S. in Business Administration
from Georgetown University in 1977, and my
J.D. from the University of Texas School of
Law in 1980. Of note, Abie Bernal and I were
class mates in kindergarten, and high school; and
we graduated from law school together. He is
literally a life-long friend.
CROSS: Why did you want to be a lawyer?
CÁRDENAS: I cannot tell you that any one
person or event prompted my desire to be a lawyer.
I had an uncle who was a federal judge in Mexico,
but growing up I rarely interacted with him, as he
lived in Mexico City. I can say that as long as I can
remember, I have always wanted to be a lawyer.
Growing up in the 60’s, I loved watching Perry
Mason episodes every week. In that television
series, a lawyer was portrayed as a hero. He was
someone who was admired, and responsible for
insuring justice was served, because he was able to
establish his client’s innocence by demonstrating
the guilt of another. Unfortunately, today’s public
perception of a lawyer is much different.
CROSS: How do you envision your role as
a lawyer in today’s culture?
CÁRDENAS: I envision it somewhat as
a Perry Mason, except that it is in the civil
litigation arena. It gives me great satisfaction
to represent an individual or family of little or
no means, on a contingency fee, against a large
corporation or major insurance concern. There
are many smart and talented lawyers representing
corporate institutions and governmental agencies
but I believe there remains room for passionate
and resourceful litigators to represent clients with
lesser access to justice. Justice should not only
be for those that can afford it. In every case, both
sides deserve the best, and the brightest, in their
respective legal representatives.
For the last three years I have been very
fortunate in that my very good friend, George
Andritsos, has invited me to join him as
co-counsel in trials involving employment
discrimination and retaliation cases, representing
employees. We have tried at least ten cases
together. It has been a very gratifying joint
venture. I am fortunate to work with George as
I pursue my role as a lawyer.
CROSS: What kind of experiences have
you had to prepare yourself for your job as
Bar President?
CÁRDENAS: It starts and ends with my
parents. My mother and father taught me the
importance of hard work, and to not take on any
job or task with anything less than 100% effort
and dedication. By their example, they taught
me to be a good parent; and to do everything
with love, without expectation of return, and
with unwavering faith in God. When I was
contemplating whether or not to pursue a legal
education upon college graduation, I told my
mother I was having second thoughts because
there were already too many lawyers. She
responded by agreeing with me, but letting me
know there were not enough GOOD lawyers who
truly care about what they do and the clients they
represent. It is my hope, that in my service to the
Bar, I will honor my parents by implementing
those life lessons they imparted to me.
CROSS: How do you envision your role as
Bar President?
CÁRDENAS: I perceive my role as an
ambassador to, and for, every lawyer in El Paso.
7KLVRI¿FHLVQRWDERXWPH,I,FRXOG,ZRXOG
have a one-on-one conversation with every
attorney in El Paso. I would sit down with each
one, and ask them not only what they want, but
also what they expect from the Bar Association.
I would also ask them what they are going to
bring to the table, by way of their participation,
to insure that we will be a better Bar.
I hear too many times that lawyers are not
members of the El Paso Bar Association because
it is not relevant to their practice, or that the Bar
is comprised of a certain faction or stereotype.
I have seen the face of the Bar change in the
seven years I have been on the Board. The
Board today is in many ways much more diverse
than it was in previous years--in terms of areas
RISUDFWLFHVL]HRI¿UPVDQGVRORSUDFWLWLRQHUV
and representation of minorities. My own
GHPRJUDSKLFVVPDOO¿UPSUDFWLFLQJZLWK6LE
Abraham, a highly regarded criminal defense
lawyer, and my Mexican heritage, is at least some
evidence of this changing dynamic.
My job, therefore, is to energize more
attorneys (and judges) to get involved with the
Bar, and work to represent the needs of their
profession and their clients, rather than sit back
and ask “what has the Bar done for me lately?”
CROSS: What do you hope to accomplish
as Bar President?
CÁRDENAS: I have two primary goals for
WKHXSFRPLQJ\HDU7KH¿UVWJRHVKDQGLQKDQG
with my role as described above regarding the
membership of the Bar. In this vein, I want to
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membership, as well as our number of members.
In 2008-2009, we experienced a drop of almost
100 members from the year before. Only one-
ђѝѡђњяђџȱŘŖŖş
half of El Paso attorneys with active licenses are
PHPEHUVRIWKHLU%DU0\¿UVWJRDOLVWRKDYH
at least 60% of all El Paso attorneys renew their
membership, so the Bar, in turn, can provide more
EHQH¿WVDQGEHPRUHDWWXQHGWRLWVPHPEHUV%\
the way, if you are reading this article and have not
renewed your membership, call me or go to www.
elpasobar.com and click on the “Join” link.
Secondly, I want to turn the topic of
conversations among our colleagues to the
issue of access to justice and the delivery of
legal services to the poor. I will be writing on
this subject in my columns in the Journal. In
DGGLWLRQZHDUHZRUNLQJRQDXQLTXH¿UVWHYHU
program with our local judiciary to assist those
existing legal service providers in the work
they do for the disenfranchised of El Paso. We
are also in the planning phase of a Legal Aid
Fair, in coordination with the American Bar
Association’s National Pro Bono Celebration,
during the week of October 25-31, 2009. There
will be much more on this to follow.
With our outstanding and committed Board
members, I feel assured we will accomplish
these goals.
CROSS: Any other interests?
CÁRDENAS: My main interest outside of
work is my daughter, Lizzie. Every opportunity
,KDYH,À\WR$XVWLQIRUDZHHNHQGWRHQMR\
quality time with her and her mama.
As for hobbies, if running is a hobby, it is
what I enjoy doing for exercise and stress relief.
It is not unusual for John Leeper (one of my
best friends and a tax lawyer) and me to be seen
GXULQJWKHQRRQKRXUUXQQLQJIURPRXURI¿FHV
at the Toltec Building, down Myrtle Street, to
Piedras and back downtown.
John and I ran the Chicago Marathon in 2001,
right after 9/11 as we were not to be deterred
after that national tragedy. In 2003, John and
I ran the New York Marathon. John completed
the race, but I had to bail out after seven miles,
as I was trying to run with a stress-fractured
tibia, against doctor’s orders. One day I’ll go
EDFNDQG¿QLVKLW
Recent books I have read are Outliers by
Malcolm Gladwell; and I am currently reading
A Lawyer’s Journey, the inspiring story of famed
civil rights attorney, Morris Dees.
For fun and excitement, very little gets me
more juiced than sitting in Darrell K. Royal
–Texas Memorial Stadium watching the Texas
Longhorns on a Saturday, in the fall. I have
enjoyed season tickets for the Longhorn games
for over twenty years. So, to my colleagues,
who chose our profession to make a difference
in the world, I say Hook ‘Em, God bless, and
take care of yourselves.
7
Former El Paso attorney recognized by
the New York Criminal Bar Association
BY CLINTON F. CROSS
O
n June 15, at its Annual Dinner, the
New York Criminal Bar Association
honored former El Paso attorney
John Patrick Niland by giving him
the Hon. Robert Louis Cohen Distinguished
Defense Lawyer of the Year Award.
John graduated from the University of
Texas Law School in 1971. He practiced law
in El Paso for a number of years, where he
was elected President of the El Paso Young
Lawyers Association and chosen Outstanding
Young Lawyer. He also served on the Board
of Directors of the Texas Young Lawyers
Association.
In 1992, John moved to Kentucky, where he
received the Department of Public Advocacy’s
Gideon Award. A few years later, he moved
back to Texas.
John Niland is presently employed as an
Adjunct Lecturer at the University of Texas
School of Social Work. He also serves on the
faculty at the Santa Clara University School
of Law in Santa Clara, California, working at
the Death Penalty College at the Santa Clara
University School of Law.
Since May of 2000 John Niland has been
Director of the Capital Trial Project for Texas
Defender Service. He consults with death penalty
trial teams and provides resources and training
in death penalty defense in Texas and throughout
the United States. In 2005 he was named Public
Citizen of the Year by the Austin chapter of the
Judge Patrick E. Higgenbotham and John Niland
National Association of Social Workers of Texas.
In the same year he was recognized as a Super
Lawyer in Texas Criminal Law.
Judge Patrick E. Higgenbotham of the Fifth
U.S. Circuit Court of Appeals presented the award
to John. In his presentation Judge Higgenbothm
said, “Not only is the Criminal Defense Bar
indebted to the efforts of John Niland, but also
our nation. John Niland brings an extraordinary
high level of integrity, insight and outstanding
professionalism to the capital defense bar.”
John Niland is from a well known family of
El Paso lawyers. His father, Jack Niland, now
deceased, was a very well-liked and respected
50 year attorney in our community. His brother,
Tom Niland, a former state representative,
practiced law for several years before leaving
the practice and founding the Niland Company.
His company manufactured numerous products
(from streetlamp posts to auto air conditioning
ducts) of metal and plastic in El Paso.
$UWLFOHVSXEOLVKHGLQWKH%DU-RXUQDOGRQRWQHFHVVDULO\UHÀHFWWKHRSLQLRQVRIWKH(O3DVR%DU$VVRFLDWLRQLWV
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The El Paso Bar Association’s Bar Bulletin is proudly
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We are located on Third and Mesa, Ste E.
Contact us at (915) 545-1598 or [email protected].
ђѝѡђњяђџȱŘŖŖş
8
El Paso Attorneys recognized
by Texas Bar Association
BY CLINTON F. CROSS
T
he State Bar of Texas recognized three
El Paso attorneys and the father of one
El Paso attorney at its annual convention
this year.
The State Bar awarded the prestigious Frank
J. Scurlock award to Ed Hernández and Maria
Hernández and John Crews (father of Chantel
Crews) for their service to the poor.
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the State Bar Committee on Legal Services for the
Poor in Civil Matters, and advocated for publically
funded legal services for the poor at a time when
President Reagan was attempting to defund the
Legal Services Corporation.
A child of the Segundo Barrio, Ed Hernandez
graduated from Yale Law School in 1994. Early in
his career, he worked for El Paso Legal Assistance
Society (now Texas Rio Grande Legal Aide). In
2006, he and his wife helped form the Paso Del
Norte Civil Rights Project, an offshoot of the Texas
Civil Rights Project.
Maria Hernández graduated from the University
of Washington School of Law in Seattle, Washington
in 1995. Like her husband, she also worked for a
time at El Paso Legal Assistance Society.
Texas Lawyer (June 22, 2009) reports that Maria
was impressed with the need to help people when,
at the age of 8, she visited her mother’s native
country of Uruguay, a dictatorship at the time. “I
became aware of people going to prison and being
tortured for exercising free speech,” she said.
The State Bar of Texas also recognized at its
convention John Crews, father of Chantel Crews,
the third recipient of the Frank J. Scurlock Award.
Crews, a partner in Lubbock’s Crenshaw, Dupree
and Milam, helped establish evening legal clinics
for the poor at a Lubbock church. The nomination
from the Lubbock County Bar Association noted
that Crews had put in hundreds of hours of effort
assisting poor people in need of legal help.
Finally, State Bar President Harper Estes
gave Presidential Citations to Mark Osborn (for
heading the search committee for the State Bar’s
Executive Director) and Hector Beltran (for his
work with Leadership State Bar of Texas), and
in so doing expressed his appreciation for their
dedicated work.
Bar President Harper Estes and María and Ed Hernández
Bar President Harper Estes
and Hector Beltran
ђѝѡђњяђџȱŘŖŖş
Bar President Harper Estes
and Mark Osborn
9
CIVIL RIGHTS P ROJECT
History Needs Your Help!
BY OUISA D. DAVIS,
Attorney at Law
O
n the “legal-aid landscape” of El
Paso, an oasis for the voiceless
is housed at 1317 Rio Grande.
The Paso Del Norte Civil Rights
Project, a subsidiary agency of the Texas Civil
Rights Project, is El Paso’s own voice speaking
out for the most vulnerable in our midst – those
whose civil rights have been violated, the
undocumented victims of violence, the disabled
barred from society, the imprisoned whose
human dignity is threatened.
Unfortuanetly, civil legal services to the poor
are in danger during this time of economic crisis
DQG ¿QDQFLDO GRZQWXUQ $FFHVV WR MXVWLFH LV
not available to many low and middle income
families. As laws have become more restrictive
over the past 13 years, our civil rights and
liberties have been systematically attacked by
our lawmakers. Those of us with resources
and recourse to the courts are able to protect
ourselves; not so for the average citizen.
Founded by Jim Harrington and a group of
zealous advocates over 20 years ago, the Texas
Civil Rights Project strives to foster equality,
secure justice, ensure diversity, and strengthen
communities throughout Texas. TCRP was
founded in 1990 and now has an established
presence in South Texas, Austin, El Paso and
Midland/Odessa.
As a legal aid clinic promoting racial, social,
and economic justice and protecting civil rights
provided under the U.S. Constitution, state
and federal law, TCRP tirelessly advocates for
racial, social and economic equality in Texas
through education and litigation. The Project
has worked steadfastly to extend rights to
farmworkers and residents of the Rio Grande
Valley, and to improve their living and working
conditions.
No area of civil rights is invisible to TCRP’s
vigilant gaze. Achieving substantial gains in
ensuring justice for all Texans, TCRP uses
education and litigation to create structural
change in areas such as voting rights, police and
border patrol misconduct, sex discrimination,
employment bias, privacy, disability rights,
grand jury discrimination, traditional civil
liberties, protections under immigration and
education law. Under Harrington’s leadership,
TCRP has changed systems throughout
Texas.
Because of TCRP, jails in Hidalgo, El Paso,
Henderson, Tom Green, Williamson, Travis,
Bexar, Dallas, and Brown Counties do more to
prevent inmate suicide, provide interpreters for
deaf prisoners, protect vulnerable inmates from
sexual assault, administer HIV medications,
and make jails accessible for inmates with
disabilities.
Under the leadership of local attorney,
Briana Stone, Paso del Norte Civil Rights
Project has inculturated the vision of TCRP into
the Border Southwest legal landscape. With a
committed staff of six legal para-professionals
and a team of pro-bono attorneys, Briana’s
quiet and zealous advocacy for those who strive
for justice has given them voice to speak out
and seek the equality guaranteed under law and
the U.S. Constitution.
ђѝѡђњяђџȱŘŖŖş
Over the past 3 years, PDNCRP has
actively pursued justice for El Pasoans. It has
taken on the task of education and reform,
improving access to public and private facilities
and programs for the disabled and raising
consciousness regarding compliance with the
American With Disabilities Act.
Developing a bilingual consumer rights
curriculum targeted at colonia residents,
PDNCRP’s economic justice project provides
community education in home-owner rights
and responsibilities and protections against
unscrupulous sellers and predatory lending
practices. Chris Benoit, the economic justice
advocate, reaches out to provide education to
:HVW 7H[DQV ZKR ¿QG WKHPVHOYHV DW ULVN RI
home foreclosure, consumer fraud and other
¿QDQFLDOVWUHVVRUV
PDNCRP delivers legal services to 17
underserved counties for undocumented
domestic violence victims, leadership training
and community education in immigration
rights and protections under state and federal
law. Local VAWA coordinator, Elvia Garcia,
has brought over 10 years of experience in this
type of immigration litigation and is a dedicated
advocate for immigrant crime victims. Paulina
Baca and Diana Meléndez partner with her in
community education and outreach to the far
corners of West Texas.
Addressing police misconduct throughout
West Texas and Southern New Mexico,
PDNCRP resolved cases of excessive force
E\ODZHQIRUFHPHQWRI¿FHUVIDOVHDUUHVWUDFLDO
SUR¿OLQJ DQG ZDUUDQWOHVV VHDUFKHV RI KRPHV
including negotiating a TASER policy with
Odessa police to prevent the use of this weapon
against the elderly, children and pregnant
women.
Supported by funding from the Texas Equal
$FFHVVWR-XVWLFH)RXQGDWLRQDQGWKH2I¿FHRI
the Texas Attorney General, PDNCRP provides
parenting-order legal clinics to educate lowincome El Pasoans about their parent-child
orders issued by the child-support and family
courts. This project, utilizing pro bono
attorneys Claudio Flores, James Rey, Daniel
Kauffman and Carlos Quiñónez, provides a
10
forum for participants to ask questions about
child-support obligations, rights and duties of
separated parents and access and possession
schedules. Held on a monthly basis, the
workshops have served more than 200 parents
over the past year coordinated by legal assistant
Sandra Geers.
PDNCRP vigorously protects First
Amendment guarantees of free speech and
peaceful assembly, defending a San Elizario
storeowner against false charges when El
Paso Sheriff’s deputies retaliated against him
for protesting immigration roadblocks and
mediating a training program for El Paso Police
'HSDUWPHQWRI¿FHUVDIWHUDOOHJDWLRQVRISROLFH
assault during a peaceful rally at Montwood
High School.
When Otero County deputies allegedly
harassed and interrogated residents and
searched homes in Chaparral, while trying to
¿QG XQGRFXPHQWHG LPPLJUDQWV LQ DQG
2008 as part of the federally funded Operation
Stonegarden, PDNCRP represented the Border
Rights Network and 13 other plaintiffs in federal
court. The lawsuit was successfully settled for
$100,000 in money damages and changes to the
Otero County Sheriff’s Department operational
procedures to help eliminate the perception that
ORFDO ODZ HQIRUFHPHQW RI¿FHUV DUH HQIRUFLQJ
federal immigration laws.
TCRP’s disability campaign works with
people in the disability community to enforce
the ADA’s requirements. PDNCRP has recently
taken on representation of patrons of Cielo Vista
Mall who, due to their physical disabilities, are
unable to access services. Despite the passage
of the Americans with Disabilities Act (ADA)
in 1991, countless local businesses and city
and state governments continue to deny equal
access for people with disabilities.
In these days of economic crisis, legalaid agencies are suffering. Over the past
few years, funding from the interest-bearing
trust accounts of Texas attorneys (known as
IOLTA accounts) has waned as interest rates
have dropped. These IOLTA funds, managed
and distributed by the Texas Equal Access to
Justice Foundation (TEAJF), are awarded to the
highest quality legal-aid programs throughout
the state to support legal services to poor and
underserved Texas residents.
The federal Legal Services Corporation,
traditional funder of civil legal services for
the poor, does not support legal-aid agencies
Do you have
legal worries
such as TCRP and PDNCRP. All services are
supported through TEAJF, private foundations
and donations from the community. Civil legalaid services need your help to survive.
What was it that drove you to law school?
Was it a sense of need to serve? Was it a desire
to reach out to help the marginalized? Our law
professors instilled in us a responsibility to
take on the unpopular causes, to represent the
voiceless, to help the disadvantaged. Bright
and starry-eyed as we were upon graduation
(and getting those bar results), perhaps our
commitment to pro-bono service waned as the
realities of the practice (and loan repayment)
dampened our enthusiasm.
Not to fear – opportunities to participate in
the critical mission of serving the voiceless still
exist. Become a donor to PDNCRP through the
TCRP website (www.texascivilrightsproject.
org). Dedicate some of your time and talent
in litigation, client interviewing or community
education. Join the local board of PDNCRP and
meet the people who are its clients; join in the
work of this wonderful organization.
Become an active part in the work of fostering
equality, securing justice, ensuring diversity,
and strengthening our border community.
?
Come to our free legal clinics
and help yourself to peace of mind
Absolutely no cost to receive legal advice!
When: Wednesday, September 16th, 2009
Time: From 5:00 p.m. to 7:00 p.m
Topic: Employment Law
Place: 1331 Texas
(corner of Texas & Newman)
ђѝѡђњяђџȱŘŖŖş
11
’Ž•’—ȱž–Ž—DZȱ
Notes From The Sidelines
BY STEPHANIE TOWNSEND-ALLAYA
E
l Paso attorney Gene Semko has
spent most Saturdays the past 13
years “moonlighting” as a judge in
an outdoor “courtroom” that may
have as many as 100,000 seated jurors, not to
mention millions more tuned in on radio and
television. He is one of the few judges whose
entire record of opinion is open to constant
public and supervisory scrutiny.
He wears no robe, and he never sits down.
His judging duties require him to be on the
sidelines of Big 12 Football Conference
games, where he wears the black-and-white
VWULSHVRIWKHRI¿FLDWLQJFUHZ
His bowl games include the Sun Bowl,
two Motor City Bowls, the Cotton Bowl, the
Sugar Bowl, a WAC Championship game,
three Big 12 Championship games and the
2008 BCS National Championship Game
between Ohio State and LSU.
Unlike judges in robes, in this job, he
says, you are only as good as your last call.
,I\RXORRNIRUKLPGRZQRQWKH¿HOG\RX¶OO
VHHKH¶VWKHRI¿FLDOZLWKWKH³6´RQKLVEDFN
and he starts every scrimmage play 23 yards
GRZQ¿HOGIURPWKHRIIHQVLYHIRUPDWLRQRQ
the defensive side of the ball. His primary
function is to initially key on the widest
UHFHLYHURQKLVVLGHRIWKH¿HOGEXWKHSRLQWV
out, that is only his initial key. His calls are
usually pass interference, holding, blocks in
the back, and scoring plays.
Semko attended UTEP where he received
his undergraduate degree in Secondary
Education. About one year into his life as
a lawyer, he yearned for his days of calling
games. In the early 1990’s, he began traveling
to small colleges, such as Western New
Mexico and Sul Ross State University.
His chance to rise to more prestigious
DQGSUR¿WDEOHFRPSHWLWLRQVFDPHZKHQWKH
Western Athletic Conference expanded from
12 to 16 teams in 1996. New opportunities
for exposure also came along. His prowess
during a scrimmage in the Sun Bowl drew an
offer to come work the WAC games.
Semko worked three years as a side judge,
WKHQPRYHGWRUHIHUHH$IWHU¿YH\HDUVDVD
WAC referee, he accepted an invitation to
the Big 12, where he returned to his old spot
as a side judge.
He says the general public may not
be aware of the time, the study and the
commitment required at Division 1 level. For
example, in addition to all the game time, he
is required to travel to spring clinics to review
JDPHVZLWKKLVIHOORZ%LJRI¿FLDOVDQG
put each season to rest. He watched hours
RIWUDLQLQJWDSH¿OPJRRGDQGEDGFDOOVIRU
each game of the season.
Recently, he attended a clinic in Dallas
with members of the Big XII, WAC,
Mountain West, Conference USA, Southland
DQG6:$&RI¿FLDOVWRSUHSDUHIRUWKH
season. He also must study a 101page script for the 733 plays that
were highlighted. Because his
job doesn’t end with each game’s
whistle, he personally reviews
each game’s decisions from the
perspective of each position on
WKH¿HOG
His career highlights
include last year’s TexasTexas Tech game, where he
was on the goal line when
Texas Tech scored with
one second left to beat
previously undefeated
Texas.
He says good
game officials
never make the
calls tentatively.
“Don’t be
afraid to make
a mistake.” Work
hard, he says, to
be in precisely the
proper position to make the call, because
angles are everything. Finally, remember
that pressure is a privilege. Like any good
judge, he works to render an accurate and
fair decision.
ђѝѡђњяђџȱŘŖŖş
Semko worked three years as a
side judge, then moved to referee.
$IWHU¿YH\HDUVDVD:$&UHIHUHH
he accepted an invitation to the
Big 12, where he returned to his
old spot as a side judge.
12
Enforcement of Mediated ŽĴ•Ž–Ž—ȱ›ŽŽ–Ž—œ
BY WILLIAM HARDIE
The Court went further and stated: “It is well
settled that a party may clothe his attorney with
actual or apparent authority to reach and sign a
settlement agreement that binds the client. See
Williams v. Nolan, 58 Tex. 708, 713-14 (1883);
Ebner, 27 S.W.3d at 300; Walden v. Sanger, 250
S.W.2d 312, 316 (Tex. Civ. App.-Austin 1952,
no writ). We have found no indication that the
legislature, in codifying alternative-disputeresolution procedures, intended to limit the
common-law rule.” Id. at 256.
W
ith the vast success experienced
by attorneys in getting cases
resolved by mediation it is
often a concern as to how a
mediated settlement agreement can be enforced.
Unfortunately, a party’s desire to renege on the
terms of the agreement is becoming more
frequent. The opposing party then wonders
what options are available in assuring that the
agreement will remain in force.
A review of statutory and case authorities
will give parties some comfort in their desire
to maintain the integrity of the mediated
settlement agreement they have spent money
and effort to obtain.
What if the only signature found on the
agreement is that of a party’s counsel?
Texas Civil Practice and Remedies Code
The argument has been made that though
Section 154.071 of the Texas Civil Practice Rule 11 anticipates the signature of only a
and Remedies Code provides:
party’s counsel, Section 154.071 of the Texas
(a) If the parties reach a settlement and Civil Practice and Remedies Code requires the
execute a written agreement disposing of the signature of the parties themselves and that
dispute, the agreement is enforceable in the therefore the agreement cannot be incorporated
same manner as any other written contract.
as a judgment.
(b) The court in its discretion may incorporate
The issue was addressed in West Beach
WKHWHUPVRIWKHDJUHHPHQWLQWKHFRXUW¶V¿QDO Marina Ltd. v. Erdeljac, 94 S.W.3d 248 (Tex.
decree disposing of the case.
App.-Austin 2002). The appeal was from a
(c) A settlement agreement does not affect an ¿QDOMXGJPHQWHQIRUFLQJDPHGLDWHGVHWWOHPHQW
outstanding court order unless the terms of the agreement in which the agreement was signed
agreement are incorporated into a subsequent only by appellee’s counsel.
decree.
West Beach argued that the district court
Tex.Civ.Prac. & Rem. Code Ann., §154.071 erred in declaring that the agreement was an
(Vernon Supp.1995).
enforceable Rule 11 agreement. Alternatively,
West Beach argued that Rule 11 was not
Texas Rules of Civil Procedure
applicable because it is superseded by section
Rule 11 of the Texas Rules of Civil Procedure 154.071 of the Tex. Civ. Prac. & Rem. Code
provides that “……., no agreement between Ann.
attorneys or parties touching any suit pending
In reaching its decision, the Court cited
will be enforced unless it be in writing, signed Padilla v. LaFrance, 907 S.W.2d 454 (Tex.
DQG¿OHGZLWKWKHSDSHUVDVSDUWRIWKHUHFRUG 1995) (“Although a court cannot render a valid
or unless it be made in open court and entered agreed judgment absent consent at the time it
of record.”
is rendered, this does not preclude the court,
Thus, it becomes the option of the party after proper notice and hearing, from enforcing
desiring enforcement to either proceed with a settlement agreement complying with Rule
HQIRUFLQJWKHDJUHHPHQWE\¿OLQJDQRWKHUVXLW 11 even though one side no longer consents to
or requesting the Court to enter the terms of the the settlement.”), and concluded that counsel’s
agreement as a judgment.
VLJQDWXUHZDVVXI¿FLHQWWRVDWLVI\†
Id. at 255.
ђѝѡђњяђџȱŘŖŖş
What happens if a party withdraws consent
before the mediated settlement agreement is
¿OHGZLWKWKH&RXUWIRUHQWU\DVDMXGJPHQW"
This issue was also presented in the Padilla
case, supra. In that case the plaintiffs withdrew
their consent to the settlement before the
VHWWOHPHQWDJUHHPHQWZDV¿OHGZLWKWKHFRXUW
and before judgment was rendered on the
agreement
The court of appeals earlier held that the
agreement did not comply with Rule 11 because
LW ZDV QRW ¿OHG XQWLO DIWHU WKH 3ODLQWLIIV KDG
revoked their consent. In reversing the appellate
court’s decision, the Supreme Court stated:
“Although Rule 11 requires the writing
WREH¿OHGLQWKHFRXUWUHFRUGLWGRHVQRWVD\
ZKHQ LW PXVW EH ¿OHG7KH SXUSRVH RI WKH
rule--to avoid disputes over the terms of oral
settlement agreements--is not furthered by
UHTXLULQJWKHZULWLQJWREH¿OHGEHIRUHFRQVHQW
is withdrawn. As noted by the dissent below,
“[t]o require the parties to immediately rush
to the courthouse with a signed document in
order to quickly comply with the requirements
of Rule 11 before the other party reneges on
his agreement goes against the grain of the
policy in Texas jurisprudence which favors
the settlement of lawsuits.” 875 S.W.2d at
7KHSXUSRVHRIWKH¿OLQJUHTXLUHPHQWLQ
the language of Birdwell v. Cox, is to put the
agreement before the court so that “the court
can judge of [its] import, and proceed to act
upon [it] with safety.” 18 Tex. at 537. This
SXUSRVHLVVDWLV¿HGVRORQJDVWKHDJUHHPHQW
LV¿OHGEHIRUHLWLVVRXJKWWR EHHQIRUFHG´
Id. at 461
13
The Court went on to say that parties
should not confuse the requirements for an
agreed judgment with those for an enforceable
settlement agreement.
“Although a court cannot render a valid
agreed judgment absent consent at the time
it is rendered, this does not preclude the
court, after proper notice and hearing, from
enforcing a settlement agreement complying
with Rule 11 even though one side no longer
consents to the settlement. The judgment in
the latter case is not an agreed judgment,
but rather is a judgment enforcing a binding
contract.” Id. at 461.
In conclusion ……..
If a party desires to enforce a mediated
settlement agreement it may either bring suit
for breach of the agreement or incorporate the
agreement into a judgment. The recognized
method for enforcement if a party attempts
UHVFLVVLRQ LV WR ¿OH WKH DJUHHPHQW ZLWK WKH
Court, amend pleadings asserting rights under
agreement and have a hearing on incorporating
the agreement into a judgment
Mr. Hardie has been the principal of
Hardie Mediation since 1997.
EPYLAȱѡюџȱќѓȱѡѕђȱќћѡѕ
Carlos M. Quiñonez
C
arlos M. Quiñonez is a native son
of El Paso, Texas. He and his
younger sister Monica Quiñonez
KLVRI¿FHPDQDJHUZHUHUDLVHG
by very strict and hard working parents.
Carlos graduated from Del Valle High
School then moved to Austin Texas where
he completed his undergraduate studies at
the University of Texas. He attended law
school at Texas Wesleyan School of Law
and returned to El Paso in 2006.
Upon his return, Carlos married his best
friend Sandra and opened the doors to his
own law practice. Carlos also took on the
UHVSRQVLELOLW\RIEHFRPLQJDQRI¿FHULQWKH
El Paso Young Lawyer’s Association with
no hesitation.
In 2008 Carlos expanded
his family and his practice.
In June 2008 he and
his wife were blessed
with their first child,
a beautiful baby boy
they named Nicolas
David and in October
of the same year
Carlos was licensed
to practice law in
the state of New
Mexico in
order
ђѝѡђњяђџȱŘŖŖş
to expand his practice.
Throughout the time that Carlos has been
DQRI¿FHURI(3</$KHKDVEHHQUHFRJQL]HG
as an individual who envisions a project
from start to finish and sees it through.
Carlos has invoked those skills in planning
several successful fundraisers for EPYLA.
This year Carlos brought his personal
experience as a young attorney raising a
family to EPYLA by planning our first
annual family day picnic. He expended
much effort to provide plenty of food and
activities for EPYLA members and their
families. The event was held at memorial
park and a great time was held by all who
attended.
Carlos also planned the revival of the
defunct EPYLA Attorney Basketball League
which is currently in its second season and
heading into playoffs. Always keeping the
community in mind, Carlos specifically
chose to have the Basketball League in a
Community Center Gym in Segundo Barrio.
By doing so he has provided local attorneys
with an excellent opportunity to interact with
WKHORFDOFRPPXQLW\ZKLOHJLYLQJ¿QDQFLDO
and moral support to the community center.
The event has been a complete success and
Carlos is hoping this league will help raise
money to improve the community center
gym, the only one in the Segundo Barrio.
We honor Carlos M. Quinonez for his
dedication to his family, EPYLA and the
El Paso community at large. We know
Carlos will continue to be successful in his
professional and home life.
14
SENIOR LAWYER INTERVIEW
ǯȱюѡіȱюћѡіђѠѡђяюћ
BY CLINTON F. CROSS
I recently sat down at
Luby’s cafeteria with
local attorney and former
State Senator H. Tati
Santiesteban, and I asked
him a few questions
about his life.
CROSS: Tell me about your parents.
SANTIESTEBAN: My grandfather Ricardo
6DQWLHVWHEDQÀHGIURP6RQRUD0H[LFRWR7H[DV
around 1911. He brought his family with him,
including my father who had the same name.
Around 1917 he began tenant farming from
a Black man by the name of David Gill, who
came here from Beaumont. My grandfather lost
his tenant farm in about a year, but my father
stayed on as Gill’s houseboy. Years later when
Gill sold his ranch to Marcus Rosen, Rosen
hired my father to work for him.
My father never learned to read or write. As
a young man he was a cowboy and a rancher
but also a professional wrestler, using the name
Ricardo Cortez. He wrestled a lot of famous
wrestlers in his day, including Yaqui Joe,
Gorilla Ramos, and Black Guzman.
My mother was Leyva Baca. She had a
sixth grade education, but ended up working
as a beautician at the White House Department
Store. There she got to know a lot of women
from the upper classes, and developed social
skills. She saved her money, and gave me some
of it when I went to college.
CROSS: Where did you go to school?
SANTIESTEBAN: I went to Cooley Grade
School and Ysleta High School.
When I was in high school, I worked
loading ice into “bunkers” on trains, to keep
the cars cool. In those days, there were no
refrigerated rail cars. Sam Paxson worked
there before I did, and got me the job. There
I met Mario Martínez, doing the same kind of
work. We hooked up again when we went to
law school.
CROSS: Where did you go to
college?
SANTIESTEBAN: After high
school, I got a scholarship
to New Mexico Military
Institute. I graduated in
1956 with a B.A. in
Military Science,
ђѝѡђњяђџȱŘŖŖş
,ZDVWKH¿UVW0H[LFDQWREH
chairman of a substantive committee
in the Texas legislature. As a result
of chairmanship of the Senate
Committee on Natural Resources,
I got the state to create the largest
urban park in the United States:
Franklin Mountain State Park.
and an M.A. in Spanish. I also got a commission
LQ WKH 8QLWHG 6WDWH¶V DUP\ , ZDV WKH ¿UVW
Mexican to graduate as a Lt. Colonel. I was
also vocalist for the school dance band, singing
at many weddings.
CROSS: After you graduated from New
Mexico Military Institute, what did you do?
SANTIESTEBAN: I served in the United
State’s army as an airborne ranger for three to
four years.
CROSS: And then what?
SANTIESTEBAN: I went to the University
of Texas School of Law. I was mid-law class
president. I was also elected President of the
student Bar association. I studied with Lee
Chagra every day for three years, and with his
help graduated in 1962 with honors.
CROSS: Your family?
SANTIESTEBAN: From my first wife,
I have three children: Lori, who lives in
Austin; Stacy, who lives in Newport Beach,
California; and Ricardo, who lives in Sheraton,
Wyoming.
CROSS: Tell me about your legal career.
SANTIESTEBAN: When I graduated from
law school, I returned to El Paso but I couldn’t
JHWDMREZLWKDQ\RIWKHODZ¿UPVKHUH6R,
VWDUWHG P\ RZQ ODZ ¿UP ZLWK P\ ROG IULHQG
IURPWKHVHFRQGJUDGH6DP3D[VRQ$W¿UVWWKH
¿UPZDVNQRZQDV3D[VRQDQG6DQWLHVWHEDQ
After Sam Paxson became a judge, it became
Santiesteban, Kennedy, and Martin.
15
CROSS: Any interesting cases?
SANTIESTEBAN: During that period of
time, I tried three capital murder cases.
CROSS: Did you win any of them?
SANTIESTEBAN: My clients never
received the death penalty. Given the facts, I
thought I’d won.
CROSS: Tell me about your political
career.
SANTIESTEBAN: I ran for a seat in the
Texas House of Representative in 1966. After
serving three terms, I ran for the Senate seat.
I won a hotly contested race, defeating Wayne
Windle, Frank Owen, Tom Niland, and Paul
Moreno.
CROSS: What do you consider your major
accomplishments in the Senate?
SANTIESTEBAN: ,ZDVWKH¿UVW0H[LFDQ
to be chairman of a substantive committee in the
Texas legislature. As a result of chairmanship
of the Senate Committee on Natural Resources,
I got the state to create the largest urban park
in the United States: Franklin Mountain State
Park. Upon graduation from law school
Carlos Cardenas served as Legal Counsel to
the Senate Committee on Natural Resources,
and he helped me with this project. Carlos also
helped me politically. He was the person who
thought up the slogan “Tati to Texas.”
After the Texas Department of Agriculture
was abolished as a result of the “sunset”
process, I sponsored legislation to re-establish
the agency which was adopted.
In 1973 I was also chairman of a subcommittee on criminal justice and we re-wrote
the Texas Penal Code and the Texas Code
of Criminal Procedure which was adopted,
and which with some changes remains the
law today. Micky Solis was my clerk at that
time.
CROSS: So you gave a “hand up” to Carlos
Cardenas and Micky Solis? Anyone else?
SANTIESTEBAN: Yes. Mario Trillanes,
Frank Macias, Steve Peters, Greg Pine, Mario
Gonzales, Mannie Kalman, Eduardo Cadena
and Kurt Paxson also worked with me when
I was a State Senator. I hired them all, each
one for a different reason.
The Book Review
B
latant corruption. Corrosive politics
of personal greed. Sprinkle in the
psychosis of the Ku Klux Klan’s
blatant hate and you’ve got the
Texas of the 1920’s. However, we didn’t have
Eliot Ness… and J. Edgar Hoover, well…he
just didn’t care ‘bout us down here in Texas.
But we had Dan Moody.
Crusader for Justice written by Ken Anderson
chronicles one of our true Texas heroes and we
have many, mostly unsung. This short book
details his climb in politics starting as a district
attorney, successfully prosecuting the Klan,
and then going on to be elected state Attorney
*HQHUDO8VLQJWKHRI¿FHRI$WWRUQH\*HQHUDOLQ
a way that has rarely been done since, he took on
the corruption of the Ferguson administration.
Pa’ Ferguson went to prison. Thereafter, Ma’
Ferguson ran for governor on the slogan “Two
governors for the price of one.” She promised
to restore the family’s reputation but instead
could’ve written the book on self-dealing Texas
style. Busting open the seediness of the corrupt
Ferguson administration, Dan Moody then was
elected the state’s youngest governor, handily
Š—ȱ˜˜¢DZȱ
›žœŠŽ›ȱ˜›ȱžœ’ŒŽ
By Ken Anderson
5HYLHZHGE\-DQHW,0RQWHURV0%$-'
defeating incumbent Ma’ Ferguson.
Ken Anderson paints a very precise
FKURQRORJ\RI'DQ0RRG\¶V¿JKWDV\RXZRXOG
expect from any such veteran as author as Ken
Anderson who is a former district attorney of
Williamson County and presently a state district
judge. A short read, and highly recommended,
you could stand to learn a bit more about our
Texas history and it wouldn’t be a bad idea to
stick it in your kid’s backpack too.
Readers are invited to submit book reviews for publication in the El Paso Bar Journal.
Books reviewed should available for checkout in the Robert J. Galvan Law Library.
Readers are invited to contribute books to the library, or recommend their purchase.
Federal, District, County Court-Ordered
љȱюѠќȱќѢћѡѦȱ or Attorney-Referral
Cases, Civil, Family and Probate
To schedule daytime or weekday at 6:00 p.m.
іѠѝѢѡђȱђѠќљѢѡіќћȱ contact:Gloria
@ 546-8189 or Patricia @ 533-4800 x 133
No fee for Civil or Probate cases
ђћѡђџȱђёіюѡіќћDZ
Family Case fee: $100.00 per spouse
ђѝѡђњяђџȱŘŖŖş
16
›˜–ȱŠȱŽ’œ•Š’ŸŽȱŽŠ›ȱ˜ȱ—Žȱ˜ȱ™Ž—ȱŽ‹ŠŽȱ
˜—ȱ‘Žȱ’œŒ•˜œž›Žȱ˜ȱŠ•™›ŠŒ’ŒŽȱ˜ŸŽ›ŠŽ
BY JEANNE C. “CEZY” COLLINS,
withdrawal of Temporary Assistance for Needy
Families (TANF); and the appointment of
counsel in certain eviction appeals. Of course,
there were many other legislative measure
t has been my honor to serve as your District SDVVHGDIIHFWLQJRXUSURIHVVLRQ<RXFDQ¿QGD
Director to the State Bar of Texas for the comprehensive list of these measures affecting
past bar year. The economic downturn and our profession in the September Texas Bar
the legislative year occupied a great deal of Journal. You can also view legislative updates at
the State Bar’s efforts this past year. Measures www.texasbar.com/fridayupdate and subscribe
passed during the 81st legislative session to receive updates for next year.
affecting the access to justice included: a “one
This bar year, the State Bar Board of Directors
time” $20 million appropriation for the biennium has been asked by the Supreme Court of Texas
GHGLFDWHG WR FLYLO OHJDO VHUYLFHV D ¿OLQJ IHH to consider whether attorneys should be required
increase in Justice Courts and County Courts to disclose whether or not they carry attorney
DQGWKHGLUHFWLRQRIDSDUWRIFLYLO¿QHVFROOHFWHG malpractice insurance. In 2008, the State Bar
by the Attorney General as sources of revenue Board of Directors voted to forward to the
for legal services to the poor; the enactment of Supreme Court of Texas the recommendations
a statutory power of attorney for the caregiver of a task force that had been asked to consider
of a minor child; the establishment of state court whether Texas lawyers should be required to
MXGLFLDOUHYLHZRI¿QDODGPLQLVWUDWLYHGHFLVLRQV disclose whether they carry professional liability
concerning the granting, payment, denial or insurance (and, if so, how they should be required
'LVWULFW'LUHFWRU'LVWULFW
State Bar of Texas
I
to disclose that information). By a narrow vote,
the task force recommended that disclosure not
be required of Texas lawyers. The Supreme
Court has now asked the Board of Directors to
study the task force’s report and make a formal
recommendation by February 2010. The State
Bar will be seeking a thorough and open debate
on this issue and we are now asking to meet with
and solicit feedback from attorneys throughout
the state. The Bar will gather information through
an organized process from September through
December in preparation for a vote by the Board
of Directors at its January meeting. The outcome
of that vote and the information collected will be
forwarded to the Supreme Court of Texas. If you
have an opinion you would like to share on this
VLJQL¿FDQWLVVXHSOHDVHZULWHRUFRQWDFWPHVR,
can make efforts to assure your voice is heard.
I may be reached at [email protected],
(915) 533-4424, or Kemp Smith LLP, 221 N.
Kansas, Suite 1700, El Paso, TX 79901.
Michael R. “Mickey ” Milligan
I
M edi ator
have practiced civil law for 40 years. This civil practice has included litigation in personal injury, medical malpractice, legal malpractice, libel, real
estate litigation, family law, employee overtime, and unusal aspects of the
law such as the election code. It is my hope to share this experience with my
profession in resolving lawsuits.
Although it is not necessary for a Mediator to have appellate experience, it could
be helpful, and provides the Mediator with another tool to resolve a matter.
Examples of some of the appeals in which I have been involved are Harrington
v. Schuble 608 SW 2d 253 (Tex.Civ.App.-Houston [14th Dist.] 1980, no writ:
Roosevelt v. Roosevelt, 699 SW 2d 372 (Tex.Civ.App-El Paso, 1985, writ dism’d
w.o.j.); Odom v. Meraz, 810 SW2d 241 (Tex.Civ.App.-El Paso, 1991, writ dism’d);
Trahan v. County of El Paso, 91 F.3d 139 (5th Cir. 1996); and Osterberg v. Peca,
12 SW 3d 31 (Tex.2000), cert. denied, 2000 U.S. Lexus 4195.
I invite your inquiry for mediation of your case.
ђѝѡђњяђџȱŘŖŖş
5915 Silver Springs, Bldg. 2
El Paso, Texas 79912
915/584-9899 FAX 915/581-7934
[email protected]
17
’‘˜—Žřȱ˜›ȱŠ•–ȱ›ŽȱȬȱ‘’Œ‘ǵ
BY DAVID J. FERRELL
T
[email protected]
his summer we have seen the greatest
evolution of mobile technology
in world history and the greatest
competition is between the iPhone
3GS and the Palm Pre. Both are cell phones
BUT they are much more. They are hand-held
gateways to the almost infinite knowledge/
data that is archived on the internet. Besides
bestowing very useful, informative and fun
applications, the cell phone revolution has
spawned a very mobile communication system
that boggles the mind of those who bought those
%5,&.6 LH WKH ¿UVW KDQGKHOG FHOO SKRQHV
Today, teens text at 75 words a minute, their
parents do the same at 8 words a minute. You
can email an astronaut in space as you drive
through a school zone, if you know her e-mail
address, at least before September 1, 2009 when
that behavior will get you a ticket (see Texas
Transportation Code Sec. 545.425). And she
can respond at the speed of light; don’t worry,
Texas has no jurisdiction in space.
Well, now which cell phone should you get
if your old contract is about to expire? The
iPhone 3GS is a marvelous device. It has
access to nearly 50,000 applications, it is sleek
and powerful. I will not articulate a thorough
evaluation here but I will point out the main
difference between the two heavy weight
competitors for mobile technology dollars.
I chose to purchase a Palm Pre on June 6,
¿UVW GD\ DYDLODEOH 6RPH SHRSOH ZLOO
MRNHWKDW,ZDVWKH¿UVWQHUGLQOLQHDW%HVW%X\
That’s not true!! I was the second. Anyway,
I bought the Palm Pre and almost took it back
three times. Then, as the haze of 3G technology
lifted and I began to understand the miracle of
4G I saw the genius of WebOS and knew I would
not go backwards in my quest for the best mobile
technology currently on the market.
The iPhone can run one application at a time,
the Palm Pre multitasks, I have been running my
calendar, my GPS, my contact list and memo
pad as I was sending an email and an instant
message while listening to a music stream from
Pandora, all at the same time. This was a
test I was conducting I wouldn’t normally
do all that especially while driving to the
courthouse. BUT, it is possible and the
implications are enormous.
A big drawback to the iPhone is its
only carrier, AT&T. There are dead
spots in many different places. The
Palm Pre’s exclusive carrier, Sprint
has its problems too. Another
big problem with the iPhone is
the word PROPRIETARY. That
means Apple has its hand in almost
everything that the iPhone does.
Here is where the Palm Pre will
excel, and if you can wait until
early 2010, Verizon will become
a Palm Pre carrier.
The Palm Pre Mojo SDK
(Software Development Kit)
enables anybody to create,
install, and debug locally
hosted Web applications.
This SDK puts the Palm
Pre into FREE Developer
Mode, which opens Pre’s
Linux developers to
remote login. Once your
ђѝѡђњяђџȱŘŖŖş
genius kid in India or El Paso gets in the Pre’s
command shell, they will discover how robust
and open the Linux OS at WebOS’ base really
is. I predict WebOS will be used on netbooks,
notebooks , and desktop computers and even
on the CPU (computer) in your refrigerator and
other apliances in your house of the future.
Once Pre developers get into the SDK,
they will exploit the easy access and use of
the command line, shell script, and C. There
isn’t another mainstream mobile phone that is
as effectively rooted at the factory. So, even
though there are few applications for the Palm
Pre right now, as compared to the iPhone,
get ready, I predict a tsunami of Palm Pre
NONPROPRIETARY applications will emerge
AND, they will be free or cheap. Imagine this,
you will be able to hire a geek kid somewhere
to write an application for you that does what
you want EXACTLY and you might spend
¿IW\EXFNVIRUWKHSURJUDPPLQJ7KHSURJUDP
(application) is yours! Then share or sell that
application to others who want that application
but didn’t think about it until YOU did.
18
›žȱ˜ž›œȱŽŸ’œ’Ž
BY DAVID GUADERRAMA
-XGJH'LVWULFW&RXUW
I
n late 2000, our District Attorney, Jaime
Esparza, approached me about hosting
a new treatment program he had heard
about at a training he had attended. That
conversation set in motion the formation of a
Drug Court team, an application for federal
training funds, Drug Court training sessions in
Oakland, Dallas, and Buffalo, and the launch of
WKH¿UVWDGXOW'UXJ&RXUWSURJUDPLQ(O3DVR
County in September, 2001.
Drug Court is a concept based upon the
idea espoused by the medical community that
therapeutic treatment is more effective than
incarceration and the other tools of traditional
courts. Drug Courts should not be confused
for their counterparts in the battle against drug
abuse, the Drug Impact Court. A Drug Impact
court targets major drug dealers. A Drug Court
targets addicts and abusers.
The Drug Court concept requires a change
in the Court’s and Prosecution’s attitude toward
the Defendant. This is a change based upon the
premise that all drug addicts have the potential
to rehabilitate and relapse can and does occur
on the road to recovery.
A traditional court acknowledges the
defendant’s potential to rehabilitate and gives
the defendant the chance to do it. The failure
of the defendant to immediately take advantage
of this opportunity is seen as a failure of will.
On relapse, a defendant may often be subjected
to a revocation of probation and long term
incarceration.
Drug Court thinking adopts the medical
mentality that relapse is part of recovery. The
Court and Prosecution are much more tolerant
of relapse and a slow recovery. Drug use is
viewed as a medical problem and not a moral
problem and relapse is met with short jail
therapy (three days) and continuation in the
program and on probation.
7KH'UXJ&RXUWFRQFHSWUHTXLUHVDFKDQJHLQWKH&RXUW¶VDQG
3URVHFXWLRQ¶VDWWLWXGHWRZDUGWKH'HIHQGDQW7KLVLVDFKDQJH
based upon the premise that all drug addicts have the potential to
rehabilitate and relapse can and does occur on the road to recovery.
mornings and afternoons to discuss the cases
that will be heard that day. After input from all
team members, the team reaches a consensus
on what to do to best address the defendant’s
needs. We then convene a court proceeding
where we present our latest information to the
defendant along with our decision on how to
proceed. We give the defendant an opportunity
WRDGGUHVVRXUIDFWV¿QGLQJVDQGGHFLVLRQVDV
well as any other matter the defendant may
want to discuss. In the majority of the cases,
the recommendation of the Team is effectuated.
However, on rare occasion the Court will
deviate from the recommendation based upon
something the defendant has articulated.
How Do You Get In
At the onset, the question of when a
defendant is admitted into Drug Court has to
The Drug Court Team
be addressed. The issue as to when, pre or post
The Drug Court team is composed of the plea, is important to both the prosecution and
Judge, a Prosecutor, a Public Defender, two the Court as it affects the defendant’s incentive
3UREDWLRQRI¿FHUVD6KHULII¶V'HSXW\D3ROLFH to complete the program and the prosecution’s
2I¿FHUWZR&RPSOLDQFH6XUYHLOODQFH2I¿FHUV ability to prove their case.
Treatment Providers, and when we can afford
Admission pre-plea gives the Defendant a
it, a Program Evaluator.
big incentive to succeed as his or her success
The Drug Court Team meets Thursday could result in the dismissal of the charges prior
ђѝѡђњяђџȱŘŖŖş
to taking a felony conviction. The downside is
that if the Defendant is unsuccessful in Drug
Court, and is terminated from the program,
the case might become stale making it much
harder to prove.
Admission post-plea carries less of an
incentive to the defendant but avoids the
problem of having the case getting stale. In
our jurisdiction we decided to have a post-plea
program.
In order to be admitted into our Drug Court
program a defendant must pass a legal and
severity screening. First, a defendant’s legal
eligibility must be assessed by Karen Larose
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considers conditions that are established by the
National Drug Court Council, which impact
our Federal Funds and core characteristics as
well as other issues which are important to the
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Court defendant cannot have:
More than 4 previous DWIs
Immigration issues that would interfere
with reporting
Evidence of drug dealing
19
A history of violence
If a defendant passes the legal screening, the
Probation Department then screens for severity
of addiction using standardized tests: the SASE
and ASI. If eligible, the Defendant then pleads
guilty and is assessed probation, deferred or
straight, with Drug Court as a condition.
know defendant more personally.
Gives the Defendant an opportunity to
express his or her needs directly to court.
Drug Court Committee works to solve the
Defendant’s life problems as well as his or her
drug problems.
A Defendant’s behavior is addressed with
the goal of modifying behavior by means of a
variety of Incentives and Sanctions.
Once In System:
Court plays a parenting/monitoring role; the
proceedings are no longer adversarial.
Some Sanctions
Defendant is set for court review hearings
Relapses are 3 days of jail therapy
DQG PHHWLQJV ZLWK D SUREDWLRQ RI¿FHURQFH
0LVVLQJPHHWLQJVZLWK3UREDWLRQ2I¿FHUDUH
per week.
3 days of jail therapy
Defendant attends treatment twice per
Missing court or meetings with treatment
week.
provider can be 1-3 days of jail therapy
Defendant is randomly visited by law
Curfew violations are 1 day jail therapy
HQIRUFHPHQWDQGVXUYHLOODQFHRI¿FHUV
Lying doubles your jail therapy
Weekly hearings:
Gives the Court an opportunity to get to
Praises And Incentives
Applause and recognition
Curfew extension
Out of town travel permits
Movie Passes
Game tickets
Restaurant coupons
Drug Courts Work
Drug Courts are not successful in every case
but are successful in many cases. Drug Courts
work because of the incredible cooperation
between the team members who step out of their
traditional courtroom roles and work in concert
towards the goal of breaking the defendant’s
addiction. They work because we care about the
defendants as people. They work because we
help defendants re-establish their self-esteem.
The result is positive: defendants begin to care
about themselves and their future. Many begin
to work hard to overcome their addictions, and
ȱ
ǰȱŒ’›ŒŠȱŗřŖŞ
BY CHARLES GAUNCE
O
Legal Reference Librarian University of Texas at El Paso
ne thing that every lawyer learns
very fast is that the rules are always
changing. Just when you think you
know how things will proceed,
you discover that the rules have changed.
Sometimes the changes are cosmetic in nature,
and at other times the changes are substantial.
An example: Is your response timely or not?
Perhaps you should take another look at Rule
6 of the F.R.Civ.P. if you are in Federal Court
on a civil action.
From the Pleas of Michaelmas Term, 3
Edward II. (A.D. 1309) comes the following
rule:
“When a man is nonsuited after appearance
in a writ of naifty, he is debarred from action.
bite at the apple, but the claim of a religious
person may actually be made on behalf of an
institution that may have a right to services that
could not be proved by the person who made the
claim. In other words, the failure of proof by the
representative of the church is not binding on
the church. This is a good result if the bondage
The essence of this rule is that when a person was personal to the religious representative,
seeks to reacquire the possession and services and it doesn’t prohibit the church from later
of a person held to serfdom, if the claim is regaining the services it is owed. On the other
dismissed by the court, the serf cannot be forced hand, the resulting situation may force the serf
to return to bondage, unless the person who was LQWRÀHHLQJWKHYLFLQLW\LIKHDFWXDOO\PDQDJHG
PDNLQJWKHFODLPZDVDUHOLJLRXVRI¿FHU7KHQ to defeat the claim of the abbot and fears that
the claim cannot be made again by the same at a later date (after the abbot dies) the church
UHOLJLRXVRI¿FHUEXWKLVVXFFHVVRUVDUHIUHHWR will try to force him back into servitude.
prosecute the claim later.
All of which only tends to point out that in
This rule seemed to make perfect sense as every contract the parties are treated equally until
the claim of a secular man is limited to a single someone decides that things just aren’t fair.
And if the demandant be an abbot or prior, or
of similar condition, who cannot charge [his
house] beyond his own time, he is barred for
his whole time; but the nonsuit will not be
prejudicial to his successors if they have right.”
6$9(7+('$7(
El Paso Bar Association
Access to Justice Legal Fair
ђѝѡђњяђџȱŘŖŖş
ѢћђȱŘŖŖş
Saturday, October 31, 2009
8:00 a.m. – 5:00 p.m.
El Paso Community College,
Valle Verde Campus
20
This month the El Paso Bar Journal literary page
presents a Edward Hernández poem
$1,000,000 WORTH
OF FREE LEGAL ADVICE
If there ever comes a time
<RX¿QG\RXUVHOIDUUHVWHG
Heed the lessons of this Rhyme
For they’re time worn and tested.
Keep your mouth shut. It’s your right.
Don’t try to clear your name
For your words, however slight,
Will hurt you just the same.
Never let them search your car
Nor let them in your house.
If you do, you’ve gone too far
You’ll feel just like a louse.
Don’t agree to walk a line.
Don’t blow into a tube.
Don’t sign on a dotted line.
If you do then you’re a boob.
Never look into a light
And never make a statement.
If you waive your Fourth Amendment right,
To prison you’ll be state sent.
Legal Literati call for submissions: The practice of law requires the ability to use the written
or spoken word to provoke or prompt an intended result. Consequently, throughout history,
lawyers have been known for creativity in the arts as well as in formulating arguments. The
El Paso Bar Association wants to celebrate this aspect of the legal profession, and to encourage its members to recognize and cultivate their own creative impulses. We ask members
or other law related professionals to provide their poems, lyrics, very short stories, or other
creative expression. Please submit your work for consideration to Poetry Editor Donna
-6Q\GHUYLDHPDLOWRGRQQDVQ\GHU#HSFRXQW\FRP
ђѝѡђњяђџȱŘŖŖş
1DPHChris Antcliff
Court: 168th District Court
Years on the bench: 1 year, 8 months
Education: Austin High School, El Paso,
Texas 1981; Texas Tech University, Bachelor
of Arts, 1992; Texas Tech University School of
Law, JD, 1995
Court Coordinator: Dolores LaSalde
What is your view of the role
of a court in society?
Courts are institutions created to settle disputes
between individuals, entities and governments
by way of a legal process. They act as a
check against the arbitrary use of power, and
guarantee that the rights enumerated in the
constitution have meaning even today. State
courts have a central role in implementing the
Due Process requirements of the Bill of Rights
through the 14th Amendment.
What characteristics and qualities do you
believe are important for a judge to possess?
Judges must be fair, accurate, trustworthy,
knowledgeable and good listeners. They
should be patient, wise, courageous and
compassionate. Judges have to be honest and
incorruptible. It also helps to have a good dose
of common sense.
Describe a day when you, as a lawyer or
MXGJHIHOWSDUWLFXODUO\VDWLV¿HGRUSURXG
Our society takes a step forward each time
justice is served, regardless of the dispute. I
am honored to be a small part of such a unique
system – whether as an attorney or as a judge.
What’s the most recent book you’ve read?
The Lost City of Z, by David Grann.
21
ќћǯȱќяђџѡȱǯȱюљѣюћȱ
ќѢћѡѦȱюѤȱіяџюџѦȱђѤѠ
Above the Law
BY LYNN SANCHEZ
The Law Library has acquired the following materials of general interest,
which are available for check out:
Bowen, Catherine Drinker.,
The Lion and the Throne: The Life and Times of Sir Edward Coke
(Little, Brown, and Company, Canada, 1957)
(This book contains a fascinating chapter about the trial of Sir
Walter Raleigh)
Collier, Christopher; and Collier, James
'HFLVLRQLQ3KLODGHOSKLD7KH&RQVWLWXWLRQDO&RQYHQWLRQRI
(Ballentine Books, New York, Lawrence, Kansas, 1987).
Kennedy, John F.
3UR¿OHVLQ&RXUDJH
(Black Dog & Leventhal Publishers, New York, 1963).
Marc Jacobs, Esq. is a partner at Michelman & Robinson,
LLP. Combining his professional and personal interests,
in his spare time, Marc authors the “Above the Law” legal
cartoons focusing on the humorous relationship between
life and law. For more information on Above the Law,
please visit www.marcjacobslaw.com
SAVE THE DATE
“Texas Family Law Goes to Washington:
The U.S. Supreme Court Considers the Texas
Right –to-Counsel Scheme in Parental
Rights Termination Suits”
Presented by Dallas Apellate Attorney
Chad Baruch
Approved for 1.0 hours of MCLE
by the State Bar of Texas
Thursday, October 8, 2009
12::00 – 1:00 p.m.
El Paso County Courthouse
Ceremonial Courtroom, 12th Floor
If you have any questions please send your email
to [email protected]
ђѝѡђњяђџȱŘŖŖş
(3%$0HPEHUVKLS'XHV
The 2009-2010 EPBA Membership Dues Statement
KDYHJRQHRXW3OHDVH¿OORXW\RXUGXHVVWDWHPHQW
DQGUHWXUQWRRXURI¿FHDVVRRQDVSRVVLEOH
If you have any questions, please contact
WKH%DU2I¿FHDWngallego@[email protected]
or [email protected]
22
ASSOCIATION NEWS
El Paso Young Lawyers Association
ŠThursday, September 10, 2009 at 5:30pm: EPYLA 1st General Meeting/Happy Hour, sponsored
E\%XWWHUZRUWKDQG0DFLDV3&DFHUWL¿HGSXEOLFDFFRXQWLQJ¿UP<RXQJ/DZ\HUVZLOOEHPHHWLQJ
on the patio of O2 Lounge at 2700 N. Mesa . There will be a brief presentation about accounting
services that are available to both attorneys and their clients. All attorneys are welcome to attend.
ŠThursday, September 17, 2009 at 7:00pm: EPLYA night at Bart Reeds Comic Strip at 9515
Gateway West. Tickets are $10.00. For more information, please contact Denise Butterworth @ 5462059 or [email protected].
Š7KH(O3DVR:RPHQ¶V%DU$VVRFLDWLRQLVSURXGWRDQQRXQFHLWVRI¿FHUV
President: Linda Samples, 3UHVLGHQW(OHFWYvonne Acosta, 9LFH3UHVLGHQWAndrea Cortinas,
Secretary: Sarah Snook, Treasurer: Charlie Madrid
ŠEPYLA Wednesday, October 21, 2009: Make plans to tailgate with EPYLA on Glory Field
Wednesday afternoon for the Tulsa game. Game time starts at 6pm. Go Miners!
El Paso Paralegal Association
ŠThe September meeting will be held on Thursday, September 17, 2009 at the El Paso Club at 12:00
noon.
110th Anniversary
DVD’s for Sale
:HKDYHDOLPLWHGQXPEHURIWK$QQLYHUVDU\'9'¶VIRUVDOHDWHDFK
Please call 532-7052 or send an email to [email protected] to reserve your copy.
<RXZLOOQHHGWRVWRSE\RXURI¿FHWRSLFNXS\RXUFRS\
2XURI¿FHLVORFDWHGLQWKH&RXQW\&RXUWKRXVHLQ5RRP/
CLASSIFIEDS
1LFH2I¿FHVIRU/HDVH
9900 Montana
1 – 10 Rooms
255 – 2,100 SF
Call Sally 920-9182
2I¿FH6SDFHIRU/HDVH
(DVWVLGH2I¿FHFRPPXQLW\
located at 1600 Lee
Trevino. Space available
for single to large practices.
Call: Hiett & Associates,
(915) 760-4533
2I¿FHVSDFHIRUUHQW
$450-$750 per month.
Beautiful building on
Montana 5 mins. from
courthouse. Rent includes
use of conference room,
light janitorial, all utilities
(except telephone) and
free internet access.
+HFWRU
ђѝѡђњяђџȱŘŖŖş
Expert Witnesses in:
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&RQVWUXFWLRQ
)LUHV([SORVLRQV
9HKLFOH$FFLGHQWV
(QYLURQPHQWDO&ODLPV
)RUHQVLF$FFRXQWLQJ
San Antonio 866.202.3747
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23
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EL PASO CHAPTER
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Join the Bar of the United State Supreme Court!
U.S. Supreme Court
Admissions Luncheon and Ceremony
Wednesday, October 21, 2009. El Paso Club
1RRQWRSP
ѡђѣђћȱǯȱюњђѠ
RESOLVING DISPUTES THROUGH
MEDIATION OR ARBITRATION
%RDUG&HUWL¿HGLQERWK&LYLO7ULDO/DZDQG
Consumer and Commercial Law by the Texas Board
of Legal Specialization
521 Texas Ave.El Paso, Texas 79901 (915) 543-3234
(915) 543-3237 – Fax [email protected]
The Federal Bar Association – El Paso Chapter is honored to have
U.S. Supreme Court Clerk William Suter who will visit El Paso.
Clerk Suter will provide an overview of the history of the Supreme
Court and then conduct an admissions ceremony for attorneys who
have applied to become members to the highest court. Don’t miss
the chance to join the bar of the Supreme Court. It’s an experience
you will never forget!
Please contact Selena Solis [email protected] IRUVSHFL¿FLQVWUXFtions on application materials. For general information on application process, visit www.supremecourts.gov/bar/baradmissions
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EL PASO BAR ASSOCIATION
500 E.San Antonio L-112
El Paso, Texas 79901
(915) 532-7052
PRESORTED
STANDARD
U. S. POSTAGE
PAID
EL PASO, TEXAS
PERMIT NO. 2516
(Address Service Requested)
Mexican American Bar Association
of El Paso, Texas
500 E. San Antonio, STE. L-112 El Paso, Texas 79901
30TH Anniversary Banquet
A New Beginning…
Date: Saturday, October 10, 2009
6:00 p.m. Cocktail Hour 7:00 p.m. Dinner Program
Location: Doubletree Hotel, Downtown El Paso, Texas
S PONSORSHIP L EVELS :
Platinum Sponsors $2,500.00
Platinum Sponsors will receive a table
reserved for ten and a double truck
advertisement in the MABA Program.
Gold Sponsors $1,250.00
Gold Sponsors will receive a table
reserved for ten and full page
advertisement in the MABA Program.
Table Sponsors $750.00
Table Sponsors will receive a table
reserved for ten, and mention in the Program.
Silver Sponsors $1,000.00
Silver Sponsors will receive a table
reserved for ten, and a 1/2 page
advertisement in the MABA Program.
Individual tickets are $75.00
For more information, please contact any MABA board member, or call:
Danny Razo, President-Elect 915.532.7296 Cynthia Canales 915.875.0155
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